Pennsylvania Statute of Limitations

In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

What are statutes of limitations? A statute is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated.

Statutes of limitations are predicated by fairness. Over time memories fade, evidence is lost, and people want to get on with their lives. Another reason for statutes of limitations is closure which encourages courts and law enforcement agencies to handle more timely.

There are no caps or monetary settlement levels on medical malpractice wrongful death lawsuits in PA.

Caps on damages – Pennsylvania Statute of Limitations Laws
Limitations on damages
(a) GENERAL RULE--Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section.
 
(b)AMOUNT RECOVERABLE--Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $ 250,000 in favor of any plaintiff or $ 1,000,000 in the aggregate.
 
   (c) TYPES OF DAMAGES RECOVERABLE--Damages shall be recoverable only for:
 
   (1) Past and future loss of earnings and earning capacity.
 
   (2) Pain and suffering.
 
   (3) Medical and dental expenses including the reasonable value of    reasonable and necessary medical and dental services, prosthetic    devices and necessary ambulance, hospital, professional nursing, and    physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant.
 
   (4) Loss of consortium.
 
   (5) Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5) (relating to potholes and other dangerous conditions).

Special Rules for Minors (minors tolling)
Except in cases of wrongful death, an "unemancipated minor" must file suit within two years of his or her 18th birthday. An "unemancipated minor" is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.

Personal Injury
A personal injury action must be filed within two years of the date when the injury occurred. In Pennsylvania, personal injury actions include medical malpractice and products liability claims. In limited cases, the time for filing a personal injury action is extended. Under this rule, the statute of limitations will begin to run at the time the plaintiff knows, or should have known, that he or she was injured and that the injury was caused by another's conduct.

Pennsylvania Trial Lawyer Chapter (PaTLA)
121 South Broad Street
Suite 600
Philadelphia, PA 19107
215.546.5451

Pennsylvania State Police
Public Information Office
1800 Elmerton Ave.
Harrisburg, PA 17110

Please fill out the form below to see if you have a wrongful death case.

* Required Fields. * Click on the Disclaimer, below, for Terms PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
City:
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Zipcode:
Phone:	() - ext.
INCIDENT INFORMATION
Date of Accident:	January February March April May June July August September October November December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 1949 1948 1947 1946 1945 1944 1943 1942 1941 1940 1939 1938 1937 1936 1935 1934 1933 1932 1931 1930 1929 1928 1927 1926 1925 1924 1923 1922 1921 1920 1919 1918 1917 1916 1915 1914 1913 1912 1911 1910 1909 1908 1907 1906 1905 1904 1903 1902
Date of Death:	January February March April May June July August September October November December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 1949 1948 1947 1946 1945 1944 1943 1942 1941 1940 1939 1938 1937 1936 1935 1934 1933 1932 1931 1930 1929 1928 1927 1926 1925 1924 1923 1922 1921 1920 1919 1918 1917 1916 1915 1914 1913 1912 1911 1910 1909 1908 1907 1906 1905 1904 1903 1902
Name of Deceased:
Location of Accident:	-Please Select- Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming
Please describe what happened (cause of accident):
Comments/Questions: